Maryland Attorney General Douglas F. Gansler (D) has provided an authoritative reading of what the law commands in concluding that marriages of gay couples performed in other jurisdictions may -- and should -- be recognized under Maryland law. In the process, he has produced a legal compass that should be followed to provide overdue equality for gay and lesbian couples in Maryland.

In pointing to the incremental extension of various protections to gay residents of Maryland as the basis for his opinion that a "public policy exception" would likely not be used by courts to block out-of-state marriages of gay couples, Gansler supports the theory that small LGBT gains on a variety of issues can contribute to larger gains like the freedom to marry.

Just days before Washington, D.C.’s new marriage equality law is set to go into effect, Maryland's Attorney General, Douglas Gansler, issued a long-awaited opinion stating same-sex marriages validated in other jurisdictions “may be recognized” under Maryland state law.

Lisa Keen of Keen News Service reports that "Much of the reaction to Gansler’s memo seemed to presume there was an immediacy to his issuance, and it reflected both praise and promises of undoing."

While this is a huge step forward for LGBT Marylanders and their families, the opposition is already digging in for a fight. A petition, "I Support MD Attorney General Gansler's Opinion on Out-of-State Marriage Recognition" is being circulated to show strong support for the A.G.'s Opinion.

Following yesterday's Opinion issued by Maryland Attorney General Douglas Gansler on state recognition of same-sex marriages performed out of state, some are wondering what an A.G.'s opinion is in general and what this may or may not mean for the freedom to marry in Maryland.

Last year, Maryland's Attorney General, Douglas Gansler, said that he would look into the issue of whether Maryland could recognize same-sex marriages performed out-of-state. Maryland has a three-decades-old law that bans same-sex marriage in their state (that law was upheld in 2007 by a sharply divided State Supreme Court), but the question of recognizing out-of-state marriages falls beyond the purview of that 1970s relic.

Now the issue is getting an intense level of scrutiny. Unless hell or high water or right-wing fundamentalists take over, neighboring Washington, D.C. is set to start recognizing same-sex marriages, making the seat of the federal government a world-class destination for same-sex weddings. Will neighboring Maryland, just a fifteen minute ride on the Metro Red Line, recognize those marriages too? Or will the gay couple in Silver Spring start their train ride not married, then be married as they hit Union Station and Metro Center, then all of a sudden not be married once they reach Shady Grove?

Equality MarylandFebruary 7, 2010Due to the record-breaking snowfall, there are concerns about the safety of supporters and possible parking and accessibility challenges. Therefore Equality Maryland lobby day has been rer-scheduled for Monday, February 22nd. All other details remain the same as in our original post. [Link]

The Baltimore SunJanuary 29, 2010Maryland Republicans criticized the state's attorney general Thursday for "playing politics" with the requested opinion on whether or not Maryland will recognize the marriage certificates of gay and lesbian couples married in other states. [Link]